Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 265288 of 630 articles for counsel

Good Faith vs Due Diligence: Unmasking the Innocent Purchaser Doctrine

The Supreme Court clarifies that buyers of registered land must go beyond the title when circumstances raise suspicion. Learn the limits of the innocent purchaser defense.

Court Employee Disciplined for Improper Fee Demands and Unprofessional Behavior

Supreme Court suspends a clerk of court for demanding unauthorized fees and acting unprofessionally toward a litigant seeking court documents.

Treble Costs Under Rule 65: When Courts May Penalize Frivolous Petitions

The Supreme Court clarifies that treble costs under Rule 65 are discretionary, requiring clear justification, not automatic penalties.

Pre-Trial Representation: When a Special Power of Attorney Is Required

Learn why the Supreme Court requires a Special Power of Attorney for pre-trial representation, and how lacking one can lead to default.

Indirect Contempt and Due Process: Why Hearings Matter in Ejectment Cases

The Supreme Court explains when non-appearance at a preliminary conference justifies judgment without further hearing, and what this means for due process.

Probation Revocation in the Philippines: New Offenses and Due Process

Learn when Philippine courts can revoke probation for a new offense, and what due process requires in revocation proceedings.

Speedy Trial and Provisional Dismissal: Key Rules from Co v. New Prosperity Plastic Products

The Supreme Court clarifies when provisional dismissal becomes permanent and how the one-year revival period is counted.

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

Philippine Supreme Court clarifies that police non-compliance with Section 21, RA 9165 chain of custody rules can defeat drug prosecutions.

Local Government Representation Legal Officers Exclusive Authority

Supreme Court clarifies that local government units must be represented by their legal officers, not the OSG, in court cases.

Ill-Gotten Wealth, Close Association with Marcoses, and Asset Recovery: A Legal Primer

Learn how Philippine courts define "ill-gotten wealth," prove close association with the Marcoses, and recover assets under sequestration laws.

Falsifying Time Records: A Breach of Public Trust in the Philippine Judiciary

Court interpreter suspended six months for falsifying daily time records to attend law school. The Supreme Court rules on dishonesty, due process, and public accountability.

Constructive Dismissal: When Forced Resignation and Unpaid Wages Become Illegal Termination

Philippine Supreme Court ruling on constructive dismissal when an employer withholds work assignments to force resignation, and procedural rules that protect labor.

Attorney Accountability: Negligence in Handling a Client's Appeal and Ethical Responsibilities

A lawyer's failure to file an appeal brief on time leads to suspension, reinforcing the duty of diligence in legal representation.

Lawyer Suspended for Negligence and Conflict of Interest in Client Matter

A lawyer who neglected a client's case for five years and appeared against the client without consent was suspended for six months.

When an Agent's Mortgage Signed in Own Name Does Not Bind the Principal

A mortgage signed by an agent in a personal capacity, without indicating agency, binds only the agent, not the principal.

Balancing Freedom of Speech and the Sub Judice Rule: Protecting Fair Trial Rights

The Supreme Court clarifies when public comments on pending cases violate the sub judice rule and constitute contempt.

Counsel Substitution and Appeal Perfection: Procedural Pitfalls in Labor Disputes

A Supreme Court ruling on how improper counsel substitution and missing non-forum shopping certifications can doom labor appeals.

Formal Charges and Due Process in Philippine Administrative Law: The Salva v. Valle Ruling

Philippine administrative law requires a valid formal charge before dismissal. The Salva v. Valle ruling explains why.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Chain of Custody in Drug Cases: Why Integrity of Evidence Matters for Conviction

Philippine Supreme Court acquits drug suspect over police failure to follow Section 21, RA 9165 chain of custody rules.

Attorney Sanctioned for Baseless Complaint Against Justice: Lessons on Judicial Ethics

The Supreme Court held a lawyer in indirect contempt for filing a baseless administrative complaint against a Court of Appeals justice, reaffirming that such complaints cannot substitute for judicial

Writ of Possession After Foreclosure: When the Surplus Must Be Returned

Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.

Judicial Clemency: Balancing Mercy and Public Trust in the Philippine Judiciary

The Supreme Court denies a former judge's plea for judicial clemency, reaffirming that remorse and reformation must be proven, not merely claimed.

Right to Silence in Custodial Investigations: What People v. Guillen Means for Accused Persons

The Supreme Court clarifies that silence during custodial investigation cannot be used as implied admission of guilt against an accused.